Class notes

22 Pages

Criminal Justice
Course Code
CJ 220
Professor Stone

This preview shows pages 1,2,3,4. Sign up to view the full 22 pages of the document.
Criminology Notes – Spring Semester 2014 (CJ 220) Chapter One – Context and Consequences of Theory  Introduction  What is Criminology?  A scientific study of crime (observation, theory, prediction, experiment)  Inductive vs. Deductive  Inductive starts with observations, generalizations, and then forms a theory  Deductive starts with a theory, makes predictions and then experiments  What is Crime?  Legalistic: any act that violates the law (why do we have certain laws?)  mala in se vs. mala prohibita  consensus vs. conflict perspectives (laws because most people agree on what’s right and wrong vs. conflict between different societal groups)  Measuring Crime  Official statistics  Reported crimes only  Miss “the dark figure of crime”  Victim reports  National Crime Victimization Survey  Finds a lot of crime “missing” from statistics  Self-reports of offending  Youth surveys, drug use surveys  Criminological Theory  Theory: “a set of abstract, empirically falsifiable statements about reality”  Good theories are parsimonious (straight forward), broad in scope (explains a lot), logically consistent, testable, and empirically validated (makes sense).  Establishing causality:  Temporal ordering: X arrives before Y  Covariation: change in X results in change in Y  Nonspurious: change in Y is caused by X, not Z  Paradigms – big picture  Theories  Set of abstract falsifiable statements  Statements • Propositions (abstract) • Hypotheses (concrete) • Statements containing concepts ♦ Building blocks of theories; symbols ♦ Require definitions ♦ Operationalized for measurement/testing  Theories and Policy  Understanding why crime occurs is a prelude to developing strategies to control the behavior  Different theories suggest different ways of reducing crime (theory has consequences)  Inventing Criminology: Mainstream Theories  Classical school – rejected spiritual/religious explanations of crime. Emphasis on rational decision making – cost/benefit  Positivist school – scientific study of criminals; criminals and non-criminals are different (focuses on biological traits)  Chicago school – social circumstances play a role in crime; causation – focus on urban areas  Lead to the creation of control theory, and anomie/strain theory – called mainstream criminology (also political mainstream theories – did not challenge social order)  Social Turmoil and the Rise of Critical Theories  Mid 1960’s, scholars tried to understand conflict and power being involved in crime  Formed from civil rights/women’s rights movements  Labeling theory, conflict and radical theories, feminist theory, and white collar theories  Criminological Theory in Conservative Era  Reagan/Bush years – 1980’s; crime due to faults of the individual (considered conservative, crime rests in harsher sanctions)  Also saw development of routine activity theory and environmental criminology  Need motivated offender, absence of capable guardian, presence of suitable target all converging at the same time (basis of situational crime prevention)  Emergence of rational choice theory and perceptual deterrence theory (crime is a choice shaped by objective)  New directions in critical criminology  Criminological Theory in the 21 Century  Contemporary criminological theory is a mixture of old and new ways of thinking  Lack of clear ideological or political slant  New mainstream perspectives  Favor more middle range of practical efforts  Biosocial perspective and life course/developmental criminology  Conclusion  Why crime occurs – bodies, minds, social relationships  Theories matter; Ideas have consequences Chapter Two – The Search for the “Criminal Man”  Early theories – locate crime within individuals, not society  Spiritualism  Stressed conflict between good and evil, possessed by evil spirits  Methods:  Trial by battle: the victor/family of victor would prove themselves innocent  Trial by ordeal: life threatening, painful situations  Compurgation: reputable people would swear the innocence of offender under the oath  “Devil made me do it”  Penitentiaries for those who were sorry for their sins  Not scientific  The Classical School: Criminal as Calculator  Emphasis on individual weighing costs/benefits  Individuals guided by pain/pleasure principle  Punishment suited for offense  Basis of U.S. legal system – equal treatment under the law  Cesare Beccaria  On Crimes and Punishment – published anonymously  Social context  In Europe, once you were arrested, you have absolutely not rights  Beccaria’s Argument  1. Individuals give up some liberty in society  2. Criminal laws restricted in scope  3. Presumption of innocence should be guiding principle  4. Laws should be written clearly  5. Punishment based on retributive reasoning  6. Severity should be limited  7. Punishment should fit crime  8. Inflicted quickly and certain  9. Not administered to set an example; not concerned with reformation  10. Offender independent and reasonable  Certain, swift, severity  The Influence of Early Scholars  Ideas inspired revolutions – new legal codes  French Revolution of 1789 and Constitution based of Classical school  Criminal behavior by hedonism weakened  Aggravating/mitigating increased  No separate treatment for children  Did not answer what caused crime  The Positivist School: Criminal as Determined  Searching for facts using science; crime caused by multiple factors  Mind and body  Neglected social factors external to the person  Lombroso’s Theory of Criminal Man  “father of modern criminology”  A slave to facts  Explaining human behavior meant disagreement with free will and philosophy  Army physician – claimed disease contributed to mental/physical deficiencies; measured 3,000 soldiers  Tattooing was a characteristic  In 1876, On Criminal Man, biological and evolutionary focus  Lombroso’s Central Tenet  Criminals look a certain way  Criminals are degenerate – atavistic  Big ears, sloping foreheads, long arms, etc.  Four main categories:  1. Born criminals  2. Insane  3. Occasional/criminaloids – explained by opportunity  4. Criminals of passion – out of emotion  Other Explanations  Kaspar Lavater: facial features with behavior  Franz Joseph Gall: head shape could explain characteristics, phrenology  Lombroso’s Contributions  Give attention to multiple factor reasons  Away from spiritual and more towards scientific  Importance of examining records  Enrico Ferri  Theory of imputability and denial of free will  Attack on free will  Emphasized social factors  Raffaele Garofalo  Last major positivist  Practical solutions to concrete problems  Social Darwinism  Rules of nature are rules of right conduct, rules society  Pity: revulsion against violent infliction of suffering  Probity: respect for other’s property  Death to criminals  For lesser criminals, life imprisonment or overseas transportation  Favored “enforced reparation” and indeterminate sanctions  Goring  3,000 English convicts and a control group  No significant differences except for stature and body weight (criminals smaller, biologically inferior)  Individual Roots for Crime  Kretschmer – four different body types  Mohr and Gundlach  Similar observations  Ernest A. Hooten  Harvard anthropologist  1,700 criminals and non-criminals  Criminals inferior in physical appearance  Racism – “non-whites” inferior  Eugenics – breeding more white people  William Sheldon  Away from adults and switched to youths  Produced an index to delinquency to measure problems (10 being the most severe)  3 categories of physiques  Inherited  Sheldon and Eleanor Gluek  Compared delinquents with non-delinquents and found physical differences  Neglected importance of sociological phenomena  Psychogenic Causes of Crime  Seeks to explain crime by focusing on the personality  Psychoanalysis  Based off Freud’s work  Tensions between unconscious id and conscious ego  Superego – force of self-criticism that reflects the basic behavioral requirements of a particular culture  The Birth of Eugenic Criminology  1 popular American theory  Low intelligence Criminality  Intelligence is hereditary  Carrie Buck in Buck v. Bell  Basically called “stupid” and became a test case for sterilization  Groundwork laid at turn of century  Mendelian genetics  Weisman’s germ plasm theory: inheritance through germ cells, not acquired  British eugenist Havelock Ellis:  Two traits characterize a criminal: stupidity and cunning  Savages/lower animals (including women and children)  Henry Goddard – psychologist at training school for feebleminded children  “The Kallikak Family: A study in the heredity of feeblemindedness”  Looked at people/pedigree  Two branches: a bad one and a good one  IQ  Alfred Binet first pursued intelligence testing  Craniometric approach, but wasn’t supported by data  Commissioned to develop a test to help identify children who may need special attention  Devised “daily tasks” tests, they become more and more complicated, age associated, then subtract mental age from chronological age  1912: mental age ÷ chronological age  Binet’s purpose was to find students who needed more help  Intelligence is too complex for one test  Binet’s Three Principles  1. Practical, doesn’t define anything innate  2. Rough guide to find mental lacking children  3. Used only for improvement  Goddard Brings IQ to America  Used to segregate people  Viewed mental capability on a linear scale:  Imbeciles/morons: criminals, alcoholics  Simply dull: doing what comes naturally  Intelligent: elite, ruling “by right”  Equating Intelligence with Morality  Intelligence meant good  Differences between men and women  Promiscuity indicated feeblemindedness in women  Ergo, they should be sterilized  1910’s but took off in the 20’s with sterilization legislation  Carrie Buck in Buck v Bell  Test case for eugenics law  Prop – lawyer intended to lose case  Carrie was sterilized and released; her sister was involuntarily and unknowingly as well  M. Night Shyamalan twist; Carrie was never feebleminded  Normal level of intelligence  Bore illegitimate children from being raped  Constitutional rights violated  U.S. to Nazi Germany  Harry Laughlin – model eugenical sterilization law  Used by Nazi’s and Laughlin received an award from them  Forced Sterilization  Used through mid-1970’s  33 states had sterilization statutes – 60,000 people were sterilized  Usually women, and women of color  Scientifically Justified Forms of Control  “born criminal” stressed incapacitation  Rehab based on medical reasoning that viewed individuals as biological objects  Sterilization, lobotomies, electroshock  Other social policies  Immigration restrictions  Anti-miscegenation laws  Inspiration for Nazi Germany and Holocaust?  Nuremberg trials: points finger at America  Before WWII, America didn’t think about it seriously  Eugenics Genocide  The Positivist School and Criminal Justice Reform  positivist helped to approach policy of reform  drew from sociology and psychology  reformers called progressives argued for rehab  indeterminate sentencing  parole boards  probation  individual treatment  separate juvenile system  More humane or repressive?  DNA technology stores footprints  Violation of human right to privacy in Britain  Criminology not objective free Chapter 14 – The Search for the Criminal Man Revisited: Biological and Biosocial Theories  Introduction  By mid-1960’s biology lost influence  By mid-1970’s interests emerged in newer biological approaches  Lee Ellis – biological/biosocial  Specific genetic defect  Explosion of work on DNA  Human Genome Project  Ellis (1977) – biology over sociology  Calls begin for “general systems theory” approach to social theory to biological without falling to reductionism  Interdisciplinary  Biosocial theorists suggest biological traits interact with social environments to shape human behavior  Biosocial “broader/more powerful” paradigm  More major breakthroughs in biology  85% criminologists – strict environmentalists in 2000  Biosocial can be racist/sexist  Most biosocial criminologists reject the idea that biology translates into predestined fate  Three categories: Evolutionary psychology – Darwinism revisited  Cheater theory: some males have evolved “alternative reproductive strategies” to unconsciously ensure that their genes are passed on to succeeding generations  Dads vs. Cads  The R/K theory: creature approach to reproduction  R = large number of offspring; no attachments  K = slower but with attachments  Conditional adaptation theory: maintains that antisocial behavior is part of an overall adaptive response to an unstable or hostile environment  Alternative adaptation theory: some people inherit greater tendency of antisocial behavior  Evolutionary expropriate: all humans have equal potential; humans are genetically driven evolutionary; more biosocial than biological; traits assumed as ipso facto (advantageous); many psychologists study positive traits such as empathy and altruism  Neuroscience: Neurological/Biochemical Theories  Learning/conditioning affected by neurological/biochemical variants and the way the environment (including the womb) affect them. Known as polymorphisms  Mednick’s Biosocial Theory  Autonomic nervous system: less sensitive to environment stimuli which makes it less likely that they will develop responses necessary to inhibit antisocial behavior  An individual with a normal ANS will develop fear  Central Nervous System  Cortical immaturity hypothesis  Hypoarousal hypothesis – natural lower pulse, blood pressure, and doesn’t respond like normal people would  Fearlessness theory – lower levels of arousal and lower levels of fear  Stimulation theory – low arousal represents unpleasant psychological state. One seeks trouble to get arousal  Brain Development and Crime  New techniques such as MRI, CT, fMRI, PET, and SPECT can be used  Structural abnormalities of the brain are associated with dysfunctions in criminal activity  Violence is associated with frontal lobe dysfunction  Sex offenses are associated with temporal lobe dysfunction  Frontal – cognitive functions  Led to frontal lobe hypothesis  Fishbein came up with a theory that traces to the hypothalamic-pituitary-adrenal axis (HPA)  Deviant behavior due to head injury  Somatic marker hypothesis – lack of insight in decision problems  Biochemical Theories  Sex hormones/neurotransmitters are the focus  Sex hormone theory – relates testosterone amount to aggression  Evolutionary neuroandrogenic theory – testosterone lowers sensitivity to environment stimuli, which is conducive to “acting out” and emotional control  PMS and post-partum depression can affect women as well; Low levels of serotonin and dopamine, and high levels of norepinephrine  The main problem is identify
More Less
Unlock Document

Only pages 1,2,3,4 are available for preview. Some parts have been intentionally blurred.

Unlock Document
You're Reading a Preview

Unlock to view full version

Unlock Document

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.